14 Del. Admin. Code § 936-II-26.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 936-II-26.0 - General Policies and Practices

26.1 A licensee shall have a written placement policy for foster care that:

26.1.1 Matches a child and a foster parent to ensure the child's needs are met;

26.1.2 Addresses the needs of biological siblings to remain together;

26.1.3 Assures a child is placed in reasonable proximity to the child's birth parent/family/guardian's home according to the goals of a family service plan; and

26.1.4 Addresses the child's need to preserve his or her cultural, racial, and religious identities and that the foster parent is able to communicate with the child with or without the assistance of communication aids, non-verbal communication, or other accommodations.

26.2 A licensee shall have a signed and dated placement agreement outlining the rights and responsibilities of both the agency and a foster parent regarding the child's placement.

26.3 A licensee shall document the preparation for each child placed in foster care, re-placed, or returned home. Preparation shall be appropriate to a child's age, individual needs, reasons the placement was necessary, and any special concern presented.

26.4 A licensee shall maintain documentation of the agency's legal right to provide care for a child at the time of initial placement into foster care in the child's case record.

26.5 A licensee shall have a policy to ensure an agency and a foster parent use a child's legal name for documents and records such as, but not limited to, a service plan, child care registration, school registration, medical care paperwork, and any court record.

26.6 A licensee shall have a policy to ensure a foster parent is required to call a child by his or her legal name or familiar nickname.

26.7 A licensee shall have a policy to ensure that a foster parent is informed that using or calling a child by a different name is not acceptable until an adoption is finalized, unless written permission is granted by a child's birth parent or guardian and documented in the service plan.

26.8 A licensee shall have a written procedure for handling a medical emergency at all times. An agency shall provide a copy of the procedure to a foster parent.

26.9 A licensee shall have a procedure to ensure a foster parent is informed when a child's health appraisal was completed.

26.10 A licensee shall have a written procedure to ensure a child is notified of the death or serious illness of the child's birth parent or guardian and other known significant family member.

26.11 A licensee shall have a procedure to notify a child's birth parent or guardian within one day, of a serious injury or illness that required medical/dental treatment or any severe psychiatric episode involving the child.

26.12 A licensee shall have a procedure to immediately notify a child's birth parent or guardian and the Department of Services for Children, Youth and Their Families in the event of the child's death.

26.13 A licensee shall have a written policy to ensure a child is allowed to have any right, freedom, and responsibility that is typical for a child of the same age.

26.14 A licensee shall have a written policy to ensure that a caseworker and legal or court-appointed advocate are able to communicate with a child on a regular basis and as needed.

26.15 A licensee shall have a policy to ensure that a foster parent does not subject a child to abuse or neglect.

26.16 The licensee shall have a written policy on behavior management that encourages children to control their own behavior, cooperate with others, and solve problems by talking things out. Foster parents shall use the following techniques such as:

26.16.1 Recognize, praise, and encourage acceptable behavior;

26.16.2 Supervise with an attitude of understanding and firmness;

26.16.3 Give clear directions and provide guidance at the child's level of understanding;

26.16.4 Intervene quickly to ensure the safety of others;

26.16.5 Redirect children by suggesting other acceptable behaviors rather than use punishment;

26.16.6 Speak so children understand their feelings are acceptable, but the behavior is not; and

26.16.7 "Time-out", if used, shall be used in addition to other positive techniques to help the child gain control of behavior and feelings. "Time-out" shall be limited to brief periods of no more than one minute for each year of a child's age.

26.17 The written policy on behavior management shall prohibit the following acts:

26.17.1 Delegation of behavior management to someone other than a responsible adult known to a child;

26.17.2 Requiring a child to remain silent, locking a child in a room, isolating a child for a long period of time, or the inappropriate use of "time-out";

26.17.3 Roughly handling a child or physical punishment inflicted on a child's body, including but not limited to shaking, striking, plucking, hair-pulling, throwing, biting, pinching, slapping, hitting, kicking, or spanking;

26.17.4 Physical restraint of a child, without training and prior written approval of the child's health care provider and the agency;

26.17.5 Requiring or forcing a child to take a painfully uncomfortable position, such as squatting or bending, or requiring or forcing a child to repeat a physical movement when used solely as a means of punishment;

26.17.6 Assignment of physically strenuous exercise or work solely as punishment;

26.17.7 Humiliating, frightening, or verbally, physically, or sexually abusing a child;

26.17.8 Extensive withholding of emotional response or stimulation;

26.17.9 Making negative comments about a child's looks, ability, ethnicity, family, or other personal traits;

26.17.10 Denying of an element of a service plan;

26.17.11 Threatening removal from a foster home;

26.17.12 Denying of a visit or communication privilege with a birth parent or guardian or other family member solely as a means of punishment;

26.17.13 Denying shelter, clothing, or bedding;

26.17.14 Denying of food, sleep, or toilet use as a consequence of inappropriate behavior; and

26.17.15 Punishing a child for a toileting accident or failing to fall asleep, to eat all or part of food, or to complete an activity.

26.18 A licensee shall have a written policy on a child's religious participation and education that states a foster parent shall:

26.18.1 Provide a child with a regular opportunity to practice his or her faith or denomination, such as enabling him or her to regularly participate in a religious activity such as a service, ceremony, rite, ritual, or receive a sacrament;

26.18.2 Seek written permission from a child's birth parent or guardian before having the child enroll in a religious or faith-based school or participate in a religious activity such as service, ceremony, rite, ritual, or receive a sacrament that is based on a different faith or denomination other than the one practiced by the child or his or her birth parent or guardian;

26.18.3 Not require or coerce a child into participating in a religious activity;

26.18.4 Not discipline, discriminate against, or deny a privilege to a child who chooses not to participate in a religious activity; and

26.18.5 Not reward a child as a means to influence his or her participation in a religious activity.

26.19 A licensee shall have and follow a written policy regarding foster children placed without extra clothing to ensure their needs are met.

26.20 A licensee shall have a written policy to provide an allowance for each child that is not dependent on the child completing chores. The agency shall provide the policy to a foster parent and require the parent to follow the policy. The policy shall address methods of paying and accounting for allowance.

26.21 At the time of initial inquiry, a licensee shall have a written policy on evaluating a foster care application. This policy shall be provided to an applicant and state:

26.21.1 An approach to involve an applicant in a self-evaluation of strengths and weaknesses;

26.21.2 Information will be requested from the division, other licensed Delaware child placing agencies, and OCCL as applicable, on a complete history of care provided and reason for discontinuing care;

26.21.3 Selection criteria for an applicant, including criteria an agency uses for rejection of an application;

26.21.4 How applications are processed, including a timeline for notifying an applicant of a decision regarding the application; and

26.21.5 A written appeal procedure explaining the process to appeal an application that has been denied, how and when an appeal can be heard, and when a denial decision is final.

26.22 A licensee shall have a written policy that is provided to a foster parent to ensure he or she has an opportunity for respite from the responsibility for caring for a child.

26.23 A licensee shall have a written policy that limits the total number of children in foster care in a foster home to six children. Exceptions may be made for the following reasons:

26.23.1 To allow a parenting youth in foster care to remain with his or her child;

26.23.2 To allow siblings to remain together;

23.23.3 To allow a child with an established meaningful relationship with the family to remain with the family; or

23.23.4 To allow a family with special training or skills to provide care to a child who has a severe disability.

26.24 A licensee shall have a policy to ensure an applicant is able to communicate with agency representatives, health care providers, and other service providers.

26.25 A licensee shall create and maintain a system for commending a foster parent who consistently maintains compliance with these regulations, and goes beyond the minimum requirements and provides a superior level of foster care.

14 Del. Admin. Code § 936-II-26.0

23 DE Reg. 233 (9/1/2019)
24 DE Reg. 274 (9/1/2020) (final)